Florida Statute 736.0602
“Revocation or amendment of revocable trust.”
What it means
Unless the terms of a trust expressly provide that it is irrevocable, the settlor may revoke or amend it (subsection (1)). This does not apply to a trust created under an instrument executed before the code's effective date. With more than one settlor, community property may be revoked by either spouse alone but amended only by both spouses; other property is controlled by each settlor as to that settlor's contribution. If fewer than all settlors revoke or amend, the trustee must promptly notify the other settlors (subsection (2)).
Subject to § 736.0403(2), the settlor may revoke or amend by substantial compliance with a method provided in the terms of the trust. If the terms provide no method, the settlor may use a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed under it, or any other method manifesting clear and convincing evidence of the settlor's intent (subsection (3)). On revocation, the trustee delivers the trust property as the settlor directs (subsection (4)).
An agent under a power of attorney may act only as authorized by § 709.2202, and a guardian of the property only as provided in § 744.441. A trustee who does not know of a revocation or amendment is not liable for acting on the assumption that there was none (subsections (5) to (7)).
- A trust is revocable by the settlor unless its terms expressly provide that it is irrevocable; this does not apply to trusts created under pre-code instruments. (§ 736.0602(1))
- Community property in a joint trust: either spouse may revoke alone; amendment requires both spouses. (§ 736.0602(2)(a))
- Other property: each settlor may revoke or amend as to the portion attributable to that settlor's contribution. (§ 736.0602(2)(b))
- Method: substantial compliance with a method provided in the trust, subject to § 736.0403(2). (§ 736.0602(3)(a))
- If the trust provides no method: a later will or codicil referring to the trust or specifically devising its property, or clear and convincing evidence of intent. (§ 736.0602(3)(b))
- A trustee who does not know of a revocation or amendment is not liable for acting on the assumption that there was none. (§ 736.0602(7))
Text of the statute (2026)
(1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this code.
(2) If a revocable trust is created or funded by more than one settlor: (a) To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses. (b) To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor’s contribution. (c) Upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.
(3) Subject to s. 736.0403(2), the settlor may revoke or amend a revocable trust: (a) By substantial compliance with a method provided in the terms of the trust; or (b) If the terms of the trust do not provide a method, by: 1. A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or 2. Any other method manifesting clear and convincing evidence of the settlor’s intent.
(4) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs. (5) A settlor’s powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only as authorized by s. 709.2202. (6) A guardian of the property of the settlor may exercise a settlor’s powers with respect to revocation, amendment, or distribution of trust property only as provided in s. 744.441. (7) A trustee who does not know that a trust has been revoked or amended is not liable for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.0602.
History. s. 6, ch. 2006-217; s. 32, ch. 2011-210.
How it applies
Whether a document amended a trust turns first on the trust's own terms. If the trust provides an amendment method, subsection (3)(a) asks whether the settlor substantially complied with it. Subsection (3)(b), which allows a later will or codicil or another method shown by clear and convincing evidence, applies only if the trust provides no method. Section 736.0403(2) separately sets execution formalities for the testamentary aspects of a revocable trust signed by a Florida domiciliary. A trustee who did not know of a revocation or amendment is protected by subsection (7).
Where this shows up
Pages on this site where § 736.0602 does real work:
- Will vs. trust in Florida: what each does, how each is signed and what each avoids
- When to update a Florida estate plan: marriage, divorce, a birth, a death, a move, new assets and incapacity, what Florida law changes automatically and which documents to review after each event
- Revocable Living Trust
- Elvis & Lisa Marie Presley
- Thomas Kinkade
Questions people ask
Sources
- Fla. Stat. § 736.0602 (2026) ("by substantial compliance with a method provided in the terms of the trust" (subsection (3)(a)))
- Fla. Stat. § 736.0403 (2026) (Subsection (2): formalities for the testamentary aspects of a revocable trust)
- Fla. Stat. § 709.2202 (2026) (Cross-referenced in subsection (5): agent's authority over revocation and amendment)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.